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Ord 15-2020 Shelter in Place Amended 2020.3.31 3/31/2020Ordinance No. 15-2020 Ordinance continuing and modifying the Shelter in Place Order issued by the City Council on March 27, 2020; declaring an emergency WHEREAS, as a result of the COVID-19 pandemic, the City of Wichita Falls is currently facing exposure of its citizens to this deadly virus, as well as tremendous economic losses; and, WHEREAS, on March 27, 2020, the Wichita Falls City Council issued a Shelter in Place Order; and, WHEREAS, the City of Wichita Falls has had 28 positive cases of the virus at the time of the drafting of this ordinance; and, WHEREAS, as of March 30, 2020, Wichita County issued an amended Shelter in Place order. WHEREAS, the City Council has determined it to be in the best interests of the citizens of Wichita Falls to issue the attached amended Shelter in Place Order. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Pursuant to Section 418.108 of the Texas Government Code, the City Council hereby approves the continuance and modification of the Shelter in Place Order, herein attached as Exhibit 1. 2. Pursuant to Section 418.108(b) of the Texas Disaster Act, this Shelter in Place Order shall continue until 1:00 p.m. on April 8, 2020, unless modified or rescinded. 3. This ordinance is passed as an emergency measure and shall become effective immediately upon its passage. PASSED AND APPROVED this the 31$1 day of March, 2020. MAYOR ATTEST: City Clerk EXHIBIT 1 �L �I SPAC IT T E X A S Brae5me.�r *Ialm-Oflvrfimtlwes CITY OF WICHITA FALLS, TEXAS FIRST AMENDED SHELTER IN PLACE ORDER BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WICHITA FALLS MARCH 31, 2020 WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency regarding COVID-19; and, WHEREAS, March 13, 2020, Governor Greg Abbott declared a national emergency regarding COVID-19; and, WHEREAS, the COVID-19 virus is contagious and spreads through person -to - person contact, especially in group settings; and, WHEREAS, on March 15, 2020, the Centers for Disease Control and Prevention ("CDC") recommended that organizers (whether groups or individuals) cancel or postpone in -person events that consist of 50 people or more throughout the United States; and, WHEREAS, on March 16, 2020, President Trump acknowledged the gravity of the COVID-19 pandemic, releasing strict new guidelines to limit people's interactions, including that Americans should avoid groups of more than 10 people; and, WHEREAS, on March 19, 2020, Governor Abbott issued Executive Order GA 08 Relating to COVID-19 Preparedness and Mitigating, stating people shall avoid social gatherings in groups of more than 10 people and closed all schools until April 3, 2020; and, WHEREAS, on March 19, 2020, and March 25, 2020, due to the substantial risks to the public, Mayor Santellana issued an order deeming it in the public interest to prohibit anywhere in the City of Wichita Falls, Community Gatherings of more than 10 people; and, WHEREAS, at his March 22, 2020 press conference, the Governor acknowledged that the urban centers may need to enact more stringent measures to address this public health emergency and stated that he would applaud the cities for doing so; and, WHEREAS, as of March 30, 2020, there are 2,552 persons confirmed to have COVID-19 in Texas, with 28 of those residing in Wichita County, Texas; WHEREAS, because of the risk of the rapid spread of the virus, the need to protect the most vulnerable members of the community, the intent to ensure that the maximum number of people self -isolate in their places of residence to the maximum extent feasible, while enabling essential services to continue, and the desire to slow the spread of COVID- 19 to the maximum extent possible, this Order is required; and, WHEREAS, this Order is issued based on evidence of increasing occurrence of COVID-19 within the City and throughout the Central Texas area, scientific evidence and best practices regarding the most effective approaches to slow the transmission of communicable diseases generally and COVID-19 specifically, the evidence that the age, condition, and health of a significant portion of the population of the City places it at risk for serious health complications, including death, from COVID-19; and, WHEREAS, making the problem worse, some individuals who contract the COVID-19 virus have no symptoms or have mild symptoms, which means they may not be aware they carry the virus; and, WHEREAS, because even people without symptoms can transmit the disease, and because evidence shows the disease is easily spread, gatherings can result in preventable transmission of the virus; and, WHEREAS, the scientific evidence shows that at this stage of the emergency, it is essential to slow virus transmission as much as possible to protect the most vulnerable and to prevent the health care system from being overwhelmed. One proven way to slow the transmission is to limit interactions among people to the greatest extent practicable. By reducing the spread of the COVID-19 virus, this Order helps preserve critical and limited healthcare capacity in the City; and, WHEREAS, a declaration of local disaster and public health emergency includes the ability to reduce the possibility of exposure to disease, control the risk, promote health, compel persons to undergo additional health measures that prevent or control the spread of disease, including isolation, surveillance, quarantine, or placement of persons under public health observation; and, WHEREAS, the Mayor and City Council have determined that extraordinary and immediate measures must be taken to respond quickly to prevent and slow down community spread of COVID-19. WHEREAS, further restriction of movement of persons is necessary to reduce the substantial risk of harm to the public and, therefore, as long as this Order is in effect, all individuals anywhere in the City of Wichita Falls are required to shelter in place, except to perform certain essential activities, or to perform work in or obtain services from an Essential Business, Essential Government Service, or in Critical Infrastructure. NOW, THEREFORE, I, MAYOR OF THE CITY OF WICHITA FALLS, ALONG WITH THE WICHITA FALLS CITY COUNCIL, PURSUANT TO THE AUTHORITY VESTED BY TEXAS GOVERNMENT CODE CHAPTER 418, HEREBY FIND, RESOLVE AND ORDER THAT: SECTION 1. The foregoing recitals are incorporated herein and made findings of fact. The previously declared local state of disaster for the City of Wichita Falls, Texas, is hereby renewed and continued, as amended herein. Pursuant to §418.108(b) of the Texas Government Code, this renewal and continuance of the declaration of a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the City Clerk. Pursuant to §418.108(d) of the Texas Government Code, this renewal and continuance of the declaration of a local state of disaster activates the City's emergency management plan. SECTION 2. Stay at Home or Place of Residence. Effective as of 11:59 p.m. on March 31, 2020, and continuing until 1:00 p.m. April 8, 2020, unless terminated or modified by a subsequent Order, the Mayor and the City Council of the City of Wichita Falls, Texas deem it in the public interest to issue this Order and ORDERS that all individuals currently living within the City of Wichita Falls shelter at their place of residence except as allowed by this Order. To the extent individuals are using shared or outdoor spaces, they shall, to the greatest extent feasible, maintain social distancing of at least six feet from any other person, consistent with the Social Distancing Requirements, as defined in Section 7 below. All persons may leave their residences only to perform certain Essential Activities, to perform work in or obtain services from an Essential Business, Essential Government Service, or in Critical Infrastructure, or to engage in Essential Travel or Minimum Basic Operations, all as defined in Section 7 below. SECTION 3. Non -Essential Business and Operations Must Cease. All businesses or operations with a facility in the City of Wichita Fails, except Essential Businesses and Essential Government Functions, as defined in Section 7 below, are required to cease all activities at facilities located within the City except Minimum Basic Operations as defined in Section 7 below. For clarity, businesses may also continue operations consisting exclusively of employees or contractors performing activities at their own residences (i.e., working from home). All Essential Businesses, Essential Government Service, and Critical Infrastructure are strongly encouraged to remain open, especially those that provide the basic necessities for food water, and shelter. To the greatest extent feasible, Essential Businesses shall comply with Social Distancing Requirements as defined in Section 7 below. This Order shall not be construed to hinder the ability of the industries identified in the U.S. Department of Homeland Security Cyber and Infrastructure Security Agency's ("CISK) Essential Critical Infrastructure Workforce Memorandum dated March 19, 2020, incorporated in this Order by reference as Exhibit A, to continue their operation appropriately modified to account for CDC workforce and consumer protection guidance, and the list of industries identified on that memorandum is incorporated in this Order by reference. SECTION 4. Prohibited Activities. All public and private gatherings of any number of people occurring outside a single household or dwelling unit are prohibited, except for the limited purposes as expressly permitted by this Order. Nothing in this Order prohibits the gathering of members of a household or dwelling unit. SECTION 5. Travel. All travel is prohibited except for purposes of Essential Travel, performing Essential Activities or going to work in an Essential Business, Government Facility, or Critical Infrastructure, as defined in Section 7 below. To the greatest extent feasible, people riding on public transit shall comply with Social Distancing Requirements as defined in Section 7 below. SECTION 6. Prior Order. The findings and recitations set out in the preamble to this Order are found to be true and correct and they are hereby adopted by the Mayor and the City Council and made a part hereof for all purposes. This Order rescinds and replaces prior Orders. SECTION 7. Definitions and Exemptions. a. Essential Activities. For purposes of this Order, individuals may leave their residence only to perform any of the following "Essential Activities." But people at high risk of severe illness from COVID-19 and people who are sick are urged to stay in their residence to the extent possible, except as necessary to seek medical care. i. For Health and Safety. Individuals may engage in activities or perform tasks essential to their health and safety, or to the health and safety of their family or household members (including, but not limited to, pets), to work for or obtain services at any "Healthcare Operations," as defined in Section 7.e.i., below; ii. For Necessary Supplies and Services. Individuals may obtain necessary services or supplies for themselves and their family or household members, or to deliver those services or supplies to others, such as, by way of example only and without limitation, groceries and food, including pet supplies and food, supplies they need to work from home, household consumer products, and products necessary to maintain the safety, sanitation, and essential operation of residences; iii. For Outdoor Activity. Individuals may engage in outdoor activity, such as, by way of example and without limitation, walking, hiking, bicycling, or running, provided the individuals comply with Social Distancing Requirements as defined in this section. Individuals shall not use public playground equipment, public picnic tables, public basketball courts, and other public sports and recreational equipment; iv. For Certain Types of Work. Individuals may perform work providing essential products and services at an Essential Business, Government Service, or Critical Infrastructure, or to otherwise carry out activities specifically permitted in this Order, including Minimum Basic Operations; or V. To Take Care of Others. Individuals may care for a family member or pet in another household. b. Critical Infrastructure. As defined in Exhibit B, incorporated in this Order by reference. C. Essential Government Functions. All sworn Police Department, Fire Department, and Emergency Medical Services personnel, emergency management personnel, and emergency dispatchers; essential court personnel, legal personnel; child protection and child welfare personnel; all military personnel; all personnel working for companies (including their subcontractors) who perform under contract to the Department of Defense providing materials and services to the Department of Defense; all personnel working for companies (including their subcontractors) who perform work under contract to State or Federal Governmental Entities for which they are required under state or federal law to remain open; and all law enforcement personnel, housing and shelter personnel, and others working for or to support Essential Businesses or Critical Infrastructure are categorically exempt from this Order. This Order does not apply to the Federal or State Government. For purposes of this Order, "Essential Government Functions" means all services needed to ensure the continuing operation of the government agencies and provide for the health, safety and welfare of the public and all agencies that provide for the health, safety and welfare of the public. The City Manager shall determine its Essential Government Functions and identify employees and/or contractors necessary to perform those functions. To the extent feasible, all Essential Governmental Functions shall be performed in compliance with Social Distancing Requirements as defined in this Section. d. Businesses Covered by this Order. For the purposes of this Order, covered businesses include any for -profit, non-profit, or educational entities, regardless of the nature of the service, the function they perform, or its corporate or entity structure. e, Essential Businesses. For the purposes of this Order, "Essential Businesses" means: L Healthcare Operations. Healthcare Operations and Critical Infrastructure, including but not limited to caregivers, hospital and laboratory personnel, and pharmacy employees, including hospitals, clinics, dentists, pharmacies, pharmaceutical and biotechnology companies, other healthcare facilities, healthcare suppliers, home healthcare services providers, mental health providers, and related retail sales or any related and/or ancillary healthcare services. "Healthcare Operations" also includes veterinary care and all healthcare and life-saving services provided to animals. This shall be construed broadly to avoid any impacts to the delivery of healthcare, broadly defined. "Healthcare Operations" does not include fitness and exercise gyms or other similar facilities and does not include retail outlets that specialize in the selling of electronic cigarette products or cannabidiol products; ii. Stores that sell Groceries and Certain Other Essential Supplies. Grocery stores, supermarkets, big -box stores, farmers' markets, food banks, convenience stores, liquor stores and other establishments engaged in the retail sale of canned food, dried or preserved food goods, fresh fruits and vegetables, pet supplies, fresh meats, fish, and poultry, and any other household consumer products (such as cleaning and personal care products). This includes stores that sell groceries and also sell other non -grocery products, and products necessary to maintaining the safety, sanitation, and essential operation of residences. Food and retail stores, under this subsection, that provide or sell food products or household staples are ordered to establish controls to require a minimum of six feet of distance between patrons in lines queuing in front of and inside stores. Each store is ordered to limit the total number of individuals in each store to no more than 50% of the total maximum occupant load of the store, as set out by the Wichita Falls Fire Marshal. Each store is ordered to create a written plan to implement these rules beginning at 3:00 p.m. on April 1, 2020. This plan must be presented to government officials upon request. iii. Food Cultivation. Food cultivation, including farming livestock, and fishing; iv. Social Services and Charitable Organizations. Businesses that provide food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals; V. News Media. Newspapers, television, radio, and other news media services; vi. Gas Stations and Businesses Needed for Transportation. Gas stations, auto -manufacturing and assembly, auto mechanics, auto - supply, auto -repair, and other related facilities; vii_ Financial Institutions. Banks and related financial institutions, consumer lenders, sales and finance lenders, credit unions, appraisers, title companies, pawn shops, entities that issue bonds, insurance companies, underwriters, agents, brokers, and related insurance claims and agents; viii_ Hardware and Supply Stores. Hardware stores and businesses that sell electrical, plumbing, and other material necessary to support Essential Businesses, Critical Infrastructure, and Essential Government Functions; i_ Critical Trades. Plumbers, electricians, exterminators, cleaners, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, essential activities, Essential Businesses, essential Government Functions, or Critical Infrastructure, including but not limited to utilities such as electricity, gas, water and wastewater, and other public works; X. Mail and Delivery Services. Businesses providing mailing and shipping services, including post office boxes; i. Laundry Services. Laundromats, dry cleaners, and laundry service providers; xii AV Restaurants for Consumption Off -Premises. Restaurants and other facilities that prepare and serve food or alcohol, but only for delivery, drive -through, or carry out. All individuals who obtain food or beverages from these establishments are required to leave the premises of said establishment within five minutes of receiving their food or beverage. Premises of these establishments includes all indoor and outdoor facilities, including parking lots. Individuals shall not consume food or beverages on the premises of any establishment regulated under this subsection. Truck drivers holding CDL licenses and who are operating a semi -tractor -trailer truck for commercial purposes are exempt from the food requirements of this subsection while they are on the premises of any truck stop or travel center. Said truck drivers are limited to eating only in their semi - trucks while on said premises. Schools and other entities that typically provide free food services to students or members of the public may continue to do so under this Order on the condition that the food is provided to students or members of the public on a pick- up and take -away basis only. Schools and other entities that provide food services under this exemption shall not permit the food to be eaten at the site where it is provided, or at any other gathering site; Supplies to Work from Home. Businesses that supply products needed for people to work from home; Supplies for Essential Businesses, Critical Infrastructure and Essential Government Functions. Businesses that supply other Essential Businesses, Critical Infrastructure, and essential Government Functions with the support, supplies, or components necessary to operate, including but not limited to computers, audio and video electronics, microelectronics, semiconductors, hardware, paint, electrical and plumbing material, sanitary equipment, medical equipment, and food and beverages; Food Delivery Services. Businesses that ship or deliver groceries, food, goods or services directly to residences; Transportation. Aircraft, taxis, and other private transportation providers (such as Uber and Lyft) that provide transportation services necessary for the performance of essential activities, essential Businesses, Critical Infrastructure, Essential Government Functions, or Essential Travel; Home -Based Care and Services. Home -based care for seniors, adults, or children, including caregivers who may travel to provide care; Residential Facilities and Shelters. Residential facilities and shelters for seniors, adults, children, and animals; Professional Services. Professional services, such as legal or accounting services, and insurance services when necessary to assist in compliance with legally mandated activities or to further Essential Businesses, essential Government functions, or Critical Infrastructure; x. Real Estate Services. Real estate services are limited to those necessary to assist in compliance with legally mandated activities or to further Essential Businesses, Essential Government Functions, or Critical Infrastructure. Real Estate companies are allowed to perform property management services and are allowed to finalize closing activities for all real estate contracts in existence as of March 30, 2020. Beginning April 1, 2020, any service involving the acceptance of new real estate listings, showing of any real estate listing or closing any real estate transaction shall be done via electronic, telephonic or "virtual" communication, using technologies in place that are industry accepted. No real estate business shall take place with physical contact or meeting in person. xxi_ Lawn Maintenance Services. Essential lawn maintenance services are limited to the mowing of weeds and grass and to the emergency removal of trees or limbs that pose a health and safety hazard. xii. Automobile dealerships. Car dealerships may provide repairs and parts services. Car dealers may remain open only for individuals who need to purchase vehicles to perform essential functions and travel and for businesses that need vehicles for essential business and essential government services. Showrooms are to be open to such individuals by appointment only. xxiii. Information Technology Services. IT and IT services and their essential services vendors, including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, web -based services, and critical manufacturing, as well as telecommunications services, internet access, and broad bandlcommunications services; xxiv. Moving Supply Services. Businesses that provide rental and/or commercial moving services and necessary moving supplies; xxv. Hotels and Motels. Hotels and motels, to the extent used for lodging or delivery or carry -out food services; xxvi. Funeral, mortuary, cremation, burial, cemetery, and related services, provided that social distancing of six feet per person is maintained to the greatest extent possible and no more than ten (10) persons are present during the activity; xxvii. Educational Institutions. Educational institutions -including public and private K-12 schools, colleges, and universities -for purposes of facilitating distance learning, performing critical research, or performing other essential functions, provided that social distancing of six -feet per person is maintained to the greatest extent possible; and, xxviii. Childcare Facilities. Childcare facilities providing services that enable individuals exempted in this Order to work as permitted. To the extent possible, childcare facilities must operate under the following mandatory conditions; L Childcare must be carried out in stable groups of 10 or fewer ("stable" means that the same 10 or fewer children are in the same group each day); ii. Children shall not change from one group to another; iii. If more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mix with each other. iv. Childcare providers shall remain solely with one group of children. xxix. Golf Courses. Golf Pro Shops will be closed. Golfers will check in outside and staff will practice social distancing similar to grocery stores and markets to assist golfers. Flag sticks will be removed from the greens until further notice. Bunker rakes will be removed from the bunkers. Clubs and Golf course will only allow one rider per cart, and walking as an option if no carts are available. Carts will be sanitized after each use. All golfers will remain fifty feet (50') apart at all times, no exceptions. Distancing requirements will be monitored by a Golf Professional to ensure compliance. Driving ranges and practice facilities will be closed. Golfers are not permitted to congregate at any time. Course lavatory facilities shall be sanitized every thirty minutes by course staff. Both golfers and course staff are subject to the penalties set forth herein to enforce this Order. The distancing requirements for golfers shall apply to disc golfers and traditional golfers. xxx. Plant Nurseries and Box Stores. These stores may continue to operate under modified conditions. Customers must purchase trees, shrubs, plants, seeds, garden chemicals and such assorted items sold by these stores virtual, telephonic, or other electrical means through charge accounts, credit or debit cards, and not in person, as these stores or appropriate sections housing these items will not be open physically or visually except electronically to the public. There will be no personal contact or exchange of payments, credit/debit cards, during this transaction. If the space cannot be segregated, sales may not be made at all. All purchases must be delivered with only verbal contact with the buyer. Returns must be picked up by the seller, if allowed, and credits or refunds handled in the same manner as the purchase. xxxi. Car Washes. Drive -through car washes are allowed to operate so long as the business does not allow hand drying of the automobiles. Automobile detailing and businesses that allow individuals to self - clean automobiles are not permitted to operate. Minimum Basic Operations. For the purposes of this Order, "Minimum Basic Operations" include the following, provided that employees comply with Social Distancing Requirements as defined in this Section, to the extent possible, while carrying out such operations: L The minimum necessary activities to maintain the value of the business's inventory, ensure security, process payroll and employee benefits, or for related functions; or ii. The minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences. g_ Essential Travel. For the purposes of this Order, "Essential Travel" includes travel for any of the following purposes. Individuals engaged in any Essential Travel must comply with all Social Distancing Requirements as defined in this Section. i. Any travel related to the provision of or access to Essential Activities, essential Governmental Functions, Essential Businesses, Critical Infrastructure, or Minimum Basic Operations; ii. Travel to care for elderly, minors, dependents, persons with disabilities, or other vulnerable persons; iii. Travel to or from educational institutions for purposes of receiving materials for distance learning, for receiving meals, or any other related services; iv. Travel to retain from or to a place of residence from outside the jurisdiction (e.g., returning home from a closing university); V. Travel required by law enforcement or court order; vi. Travel by church staff/clergy for the purpose of producing of remote delivery of religious services or other ministries requiring travel; or, vii. Travel required for non-residents to return to their place of residence outside the City. Individuals are strongly encouraged to verify that their transportation out of the City remains available and functional prior to commencing such travel. h, Residences. For purposes of this Order, residences include single family homes, multiple family homes, hotels, motels, shared rental units, and similar facilities. Social Distancing Requirements. For purposes of this Order, Social Distancing Requirements include maintain at least a six-foot distance from other individuals, washing hands with soap and water for at least 20 seconds as frequently as possible or using hand sanitizes, covering coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning high - touch surfaces, and not shaking hands. SECTION 8. Suspension and Modification of Ordinances. a. Any ordinances or regulations that conflict with this amended proclamation are suspended or modified as necessary to make this amended proclamation effective. b. Any ordinance or regulation that imposes an obligation upon the City to bring an application, waiver, or variance to the next available meeting required by ordinance to any board or commission is hereby suspended, including but not limited to the following ordinances: 1. 7220 — Public hearing and notice for a Conditional Use Permit. 2. 7325 -- Public hearing and notice for a Variance. 3. 7430 — Public hearing and notice for Administrative Appeals. 4. 7525 — Public hearing and notice for Zoning Amendments. C. The following City of Wichita Falls Code of Ordinances are hereby suspended: 1. Chapter 10, Article III. — Shows, Carnivals and Circuses. Transient show permits shall not be issued. 2. Chapter 26, Article III. — Solicitors. Solicitation permits shall not be issued. 3. Chapter 26, Article IV. — Itinerant Merchants. Itinerant merchant permits shall not be issued. 4. Chapter 14, Article IV, Division 3, Sec. 14-373(b) - (e). — Waiver of requirement to provide proof of rabies vaccination and spay/neuter reclaimed animal. d. The following are hereby modified: 1. Chapter 22, Article II, Sec. 22-27. — Changes, Section 109.1 Payment of fees shall be modified as follows: a. The building official shall have the authority to issue a permit without fee and issue an invoice for said permit to be paid at a later date. 2. Chapter 58, Article IV, Sec. 58-138(c)(1) shall be modified as follows: a. A manager of operations of a public or semi-public aquatic facility shall obtain certification from the regulatory authority. A manager of operations may obtain certification if a manager of operations has successfully completed a training course conducted by the regulatory authority in the preceding three years. e. Suspension or modification of the ordinances and regulations shall remain in effect until these regulations are terminated or until the state of disaster is terminated, whichever is sooner. SECTION 9. Failure to Comply. Failure to comply with any of the provisions of this Order constitutes an imminent threat to public health. SECTION 10. Enforcement. The Wichita Falls Police Department, Wichita County Sheriffs Office, the Wichita Falls Fire Marshal's Office, and other Texas peace officers, are hereby authorized to enforce this order. A violation of this order may be punishable through criminal or civil enforcement. A violation of this order shall be a Class C misdemeanor and the penalty for violating this Order shall be a fine of not less than one dollar ($1.00) and no more than one thousand dollars ($1,000.00), as authorized by Texas Government Code 418.173. SECTION 11. Legal Remedy. Any violation of this resolution can be enjoined by a suit filed in the name of the City of Wichita Falls in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this Order or in the Code of Ordinances, City of Wichita Falls, Texas. SECTION 12. Posting of this Order. The Wichita Falls/Wichita County Public Health District will post this Order on its website. SECTION 13. Savings Clause. If any provision of this Order or its application to any person or circumstance is held by a court of competent jurisdiction to be invalid or unconstitutional, then the remainder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Order are severable. ORDERED this the 27t' day of March, 2020, in the City of Wichita Falls, Wichita County, Texas, in witness whereof I subscribe my name and cause to be affixed the seal of the City of Wichita Falls. Ste hen Santellana, Mayor City of Wichita Falls Filed with me, the City Clerk of the City of Wichita Falls, this 27'" day of March, 2020, by Mayor Stephen Santellana, whose signature I hereby attest under my hand and the seal of the City of Wichita Falls. wr akt'o') &UAW2'-"" Marie palthrop, City CI City of Wichita Falls t S. Department or 11ometand security QberscCmly & Inrrasrrucmre Secunty Agency n11rce of the D—cror Nb,hingmn_DC 20521 ,} Cl �n 4E CY1tA•th WrRVCn Ar March 19. 2020 NIEMORANDi M ON IDENTIFICATION OF FISSENTIAL CRITICAL. INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE I.ROM: ChristopherC Krebs Director ('yhersecunty and Infrastructure Security Avcncy WIS,1) As the Nation comes together to slow the spread ofCOVID-19. on March 16". the President issued updated Coronavirus Guidance for America. ["his guidance states that: -tl y v work or cr crrt rc ar! nrf tivi ttclure imiu-stri . cr+ eh f rneil hi the Department of 11nineirrad Securrr1 , +itch as heahlcare semw-e% utn!1:ltctrnrnrcunc•o1 uncl frruJ.wrpplr, ►'ore hale a special r•eYpofm1:11111- u, rncrituuin your tPo •nted tt ark schethrlv 'I he Cybersccurity and hifrastructure Security Agency (CItiA) executes the Secretary of I loineland Security's responsibilities as assigned under the I fonieland Security Act of 2002 to pros ide strategic guidance, promote a national unity of ellort, and coordinate the overall federal effort to ensure the security and resilience of the Nation's critical inlrastructure. CISA use,; trusted partnerships %kith both the public and private sectors to deliver intrastructure resilience assistance and guidance to a broad range of partners. In accordance with this mandate, and in collaboration with other federal agencies and the private sector, CIS- developed an initial list of"Fssemial Critical Inl'rastructure %k orkers" to help State and local officials as they work to protect their communities. v+hile ensuring continuity of functions critical to public health and satcty. as well as economic and national security. The list can also inform critical infrastructure community decision -making to determine the sectors. sub -sectors, segments, or critical functions that should continue ncnnal operations. appropriately modified to account for Centers Ibr Disease Control (CDC) ivorklurce and customer protection guidance. I'he attached list identities workers who conduct a range ofoperations and services that arc essential to continued critical infrastructure viability. ntcludine stalling operations centers, maintaining and repairing critical infrastructure. operating call centers, +vorking construction. and perlorinutg management functions, among .ilhers. ''lie industries they support represent. but are not necessarily limited to. medical and healthcare, telecommunications. mfonnation technology systems. delcnse. fiiod and agriculture, transportation and logistics. energ+. %%alcr and waste%+ater. law enforcement, and public v+orks. EXHIBIT A 1%c recognize that State, local, tribal, and lerritortal governments are uhimately in charge of implementing and executing response activities in communities under their jurisdiction. while the Federal Government is in a supporting role. As State and local communities consider COVID-19-related restrictions. CIS 1 is offering this list to assist prioritizing activities related to continuity of operations and incident response. including the appropriate movement of critical infrastructure vvorkcrS %%ithin and between jurisdictions Accordingly, this list is advisory in nature. It is not, nor should it be considered to he, a federal directive or standard in and of itself. In addition. these identified sectors and %%orkers are not intended lobe the authoritative or exhaustive list of critical infrastructure sectors and functions that should continue during the COVID-19 response. instead. Statc and local officials should use their own judgment in using their authorities and issuing implementation dirccti%cs and guidance. %inilarly. critical infrastructure industry partners a ill use their own judgment. inlormed by this list. to ensure continued operations ofcritical infrastructure services and functions. skit decisions should appropriately balance public safety while ensuring the continued deliver% of critical infrastructure services and functions. CISA %sill continue to work %%ith you and our partners in the critical infrastructure community to update this list as the Nation's response to COVID49 e%olves. We also encourage you to submit how you might use this list so that %ve can de%ulop a repository of use cases for broad sharing across the counts Should you have questions about this list, please contact CISA at t .w VA % I :i ci-n Lill,.; % Attachment: "Guidance on the Essential Critical Iit frastructtire M orkforcc: I nsuring Conurxmily and National Resilience inCOVID-19 Response" EXHIBIT A Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience In COVID-19 Response Version 1.1 (March 23, 2020) THE IMPORTANCE OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS Functioning critical infrastructure is imperative during the response to the COVID-19 emergency for both public health and safety as well as community well-being. Certain cr tical infrastn.cture ndt,stries have a spec at respons bil ty n these times to continue operations. This guidance and accompanying list are intended to support State, Local, and industry partners in identifying the critical infrastructure sectors and the essential workers needed to ma ntain the sery ces and functions Americans depend on daily and that need to be able to operate resiliently during the COVID-19 pandemic response. This document gives guidance to Stale, local. tribal, and territorial j.0 sd clions and the private sector on defin r•g essential critical infrastructure workers. Promoting the ability of such workers to continue to work during periods of community restricton, access management, social distancing, or closure orders/directives Is crucial to community resilience and continuity of essential functions. CONSIDERATIONS FOR GOVERNMENT AND BUSINESS This list was developed in consultation mth federal agency partners, ndustry experts, and State and local officiais, and is based on severa key principles: 1. Response efforts to the COVID-19 pandemic are locally executed, State managed, and federally supported 2 Everyone should follow gL idance from the CDC, as we; i as State and local government officials, regarding strategies to emit disease spread. 3 Workers should be encouraged to work remotely when possible and focus on core business activities. In person, non mandatory activities should be delayed until the resumption of normal operations. 4 When continuous remote work is not possible, businesses should enlist strategies to reduce the like !hood of spreading the disease. This includes. but is not necessarily limited to. separating staff by off -setting shift hours or days and/or social distancing. These steps can preserve the workforce and allow operations to continue. EXHIBIT A 5 All organizat,ors should implement their bus ness continuity and pandemic plans, or put plans in place if they do not exist Relaying implementat on is not advised and puts at risk the viability of the business and the health and safety of theemp'oyees. b In the modern economy, rel ance on techno ogy and just -in -time supply chains means that certain workers must be ab.e to access certain saes, fac lities. and assets to ensure continuity of functions. i Government employees, such as emergency managers, and the b_!siness community need to establish and maintain I€nes of communi cation. A When government and businesses engage in d.scussions about critical infrastructure workers, they need to consider the imphcat'ons of bus- noss operations beyond the;urisdiction where the asset or facility is located. Businesses can have sizeab a economic and societal impacts as well as supply chain dependencies that are geographicallyd stributed. 9 Whenever possib a jurisdictions should align access and movement control policies related to critical infrastructure workers to lower the burden of workers crossing jurisdictional boundaries. ( 1�'[L`I ' • ,rIGLS�i:��IL I>BIiI :L���:�> ivg The follow-ng list of sectors and dent fied essential cr tica! infrastructure workers are an initial recommended set and are Intended to be overly inclus ve reflecting the diversify of industr es across the United States. CISA will continually solicit and accept feedback on the ist :both sectors/sub sectors and identified essent al workers) and will evolve the list in response to stakeholder feedback. We will a so use our various stakeholder engagement mechanisms to work with partners on how they are using this list and share those lessons learned and best practices broadly. We ask that you share your feedback, both positive and negative on this Fist so we can provide the most useful guidance to our critical infrastructure partners. Feedback can be sent to :;IZAQ411iC!i ,ArIIS. GC7b. CISA EXHIBIT A HEALTHCARE/ PUBLIC HEALTH • Workers providing COVID49 test ng: Workers that perform critical clinical research needed for COViQ19 response • Caregivers (e.g., physicians, dentists, psychologists, mid -level practitioners, nurses and assistants, infection control and quality assurance personne , pharmacists, physical and occupational therapists and assistants, social workers, speech pathologists and d agnostic and therapeutic technicians and technologists) • Hospital and laboratory personnel iincluding account ng, administrative, admitting and discharge, engineering, epidemiological, source plasma and blood donation, food service. housekeeping, medical records, information technology and operational technology, nutritionists, sanitarians, respiratory therapists. etc.) • Workers in other medical facil ties ,includingAmbulatory Health and Surgical, Blood Banks, Clinics, Community Mental Health, Comprehensive Outpatient rehabilitation, End Stage Renal Disease, Health Departments, Home Health care. Hospices, Hospitals, Long Term Care, Organ Pharmacies, Procurement Organizations, Psychiatric Residential, Rural Health Clinics and Federally Quaiified Health Centers) • Manufacturers, techrreians, logistics and warehouse operators, and distributors of medical equipment, personal protective equipment (PPE), medical gases, pharmaceuticals (including materials used in radioactive drugs), blood and blood products, vaccines. test ng materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissue and paper towel products • Public health / community health workers, ncluding those who compile, model, analyze and communicate public health information • Blood and plasma donors and the employees of the organ zations that operate and manage related activities • Workers that manage health plans, billing, and health information, who cannot practically work remotely • Workers who conduct community -based public health functions, conducting epidemiologic surveillance. compiling, analyzing and communicating public health information, who cannot practically work remotely • Workers performing cybersecurityfunct ons at healthcare and public health facilities, who cannot practically work remotely • Workers conducting research critical to COVID49 response • Workers performing security. incident management, and emergency operations functions at or on behalf of hea thcare entities including healthcare coalitions, who cannot practically workremotely • Workers who support food, shelter, and social serv'ces. and other necessities of life. for ecanomica] y disadvantaged or otherwise needy individuals, such as those residing inshelters • Pharmacy employees necessary for fillingprescriptions • Workers performing mortuary services, inc uding funeral homes, crematoriums, and cemetery workers • Workers who coordinate with other organizations to ensure the proper recovery, handling, identification, transportation, tracking, storage, and disposal of human remains and personal effects; certify cause of death: and facilitate access to mental/behavioral health sery ces to the family members. responders, and survvors of an incident EXHIBIT A LAW ENFORCEMENT, PUBLIC SAFETY, FIRST RESPONDERS • Personnel in emergency management, aw enforcement, Emergency Management Systems, fire, air mod ca , and corrections, including front line and management • Emergency Medical Service Technicians 911 call center employees Fus:on Center employees + Hazardous mater a responders from government and the privatesector. • Workers - including contracted vendors - who maintain, manufacture, or supply digital systems nfrastructurc supportinglaw enforcement emergency service, and response operations. * 'Yorkers supporting groceries, pharmacies, convenience stores, and other retail that sells human food, animal; pet food, and beverage products • Restaurant carry -out and quick serve food operations - Carry -out and delivery food employees * Food manufacturer employees and their suppler employees —to include those employed in food processing (packers, meat processing, cheese plants, mi k plants, produce, etc.) faci ibes: livestock, poultry, seafood slaughter facilit es-. pet and animal feed process ng facilities: human food facilities producing by-products for animal food: beverage product on facilities; and the production of food packaging • Farm workers to include those employed in animal food, feed, and ingredient production, packaging, and distribution; manufacturing, packaging, and distribut on of veterinary drugs: truck delivery and transport; farm and fishery labor needed to produce our food supply domestically • Farm workers and support service workers to include those who field crops; commodity inspection: fuel ethane facilit es. storage facilities; and other agricultural inputs • Employees and firms support ng food, feed, and beverage d stribut'on, inaudingwarehouse workers, vendo• managed inventory controllers and blockchain managers • Workers supporting the sanitation of all food manufacturing processes and operat ons from wholesale to reta I • Company cafeterias - in -plant cafeterias used to feed employees • Workers in food testing labs in private industries and in institutions of higher education • Workers essentlal for assistance programs and government payments • Employees of companies engaged in the production, storage, transport, and distribut on of chemica's. medicines, vaccines, and other substances used by the food and agriculture industry, including pestic des. herbicides, fertilizers, minerals, enrichments, and other agricultural production aids • Animal agriculture workers to include those employed in veterinary health; manufacturing and distribution of animal medical materials, anima vaccines, animal drugs, feed ingred ents, feed, and bedding etc : transportation of I ve animals. an mal medical materials: transportation of deceased an mats for disposa raising of animals for food; animal production operations; slaughter and packing plants, renderers, and associated regulatory and government workforce • Workers who support the manufacture and distribution of forest products, including, but not limited to timber, paper. and other wood products • Employees engaged in the manufacture and maintenance of equipment and other infrastructure necessary to agricultural production and distribution EXHIBIT A ENERGY Electricity industry. • Workers who maintain, ensure, or restore, or are involved in the development, transportation, fuel procurement, expansion, or operation of the generation, transmission, and distribution of electric power, including call centers, utility workers, reliability engineers and fleet maintenance technicians • Workers needed for safe and secure operations at nuclear generation • Workers at generation, transmission, and electric blackstart facilities • Workers at Reliability Coordinator (RC), Balancing Authorlties (BA), and primary and backup Control Centers (CC), 1 nd uding but not limited to independent system operators, regional transmission organizations, and baianci ng authorities • Mutual assistance personnel • IT and OT technology staff - for EMS (Energy Management Systems) and Supervisory Control and Data Acquisition (SCADA) systems, and utility data centers: Cybersecurity engineers: cybersecurity risk management • Vegetation management crews and traffic workers whosupport • Environmental remediation/monitoringtochnicians • Instrumentation, protection, and control technicians Petroleum workers: • Petroleum product storage, pipeline, marine transport, terminals, rail transport, roadtransport • Crude oil storage facilities, pipeline, and marinetransport • Petroleum refinery facilities • Petroleum security operations center employees and workers who support emergency responseservices • Petroleum operations control rooms/centers • Petro!eum drilling, extraction, production, processing, refining, terminal operations, transporting, and reta I for use a£ end use fuels or feedstocks for chemical manufacturing • Or,,hore and offshore operations for maintenance and emergencyrosponse • Retail fuel centers such as gas stations and truck stops, and the distribution systems that support them Natural and propane gas workers; + Natural gas transmission and distribution pipelines, including eompm�.sorstations • Underground storage of natural gas + Natural gas processing plants, and those that deal with natural gasliquids Liquefied Natural Gas (LNG) facilities • Natural gas security operations center, natural gas operations dispatch and control rooms/centers natural gas emergency response and customer emergencies. Including natural gas leakcalls • Drilling, production, processing, refining, and transporting natural gas for use as end -use fuels, feedstocks for chemical manufacturing, or use in electricitygeneration • Propane gas dispatch and control rooms and emergency response and customer emergencies, including propane leak calls • Propane gas service maintenance and restoration, including call centers EXHIBIT A Processing, refining, and transporting natural liquids, including propane gas, for use as end -use fuels or feedstocks for chemical manufacturing Propane gas storage, transmiss on, and d stributioncenters WATER AND WASTEWATER Employees needed to operate and ma:ntarn drinking water and wastewater/drainage infrastructure, including: * Operational staff at waterauthor.tres • Operational staff at community watersystems ■ Operational staff at wastewater treatment fac lities + Workers repairing water and wastewater conveyances and perfa'rring requ red sampling or monitoring • Operational staff for water distribution andtesting + Operational staff at wastewater collect onfac I ties + Operational staff and technical sr.pport for SCADA Controlsystems • Chemical suppliers for wastewater and personnel protection Workers that ma ntain digital systems infrastructure support ng water and wastewater operations TRANSPORTATION AND LOGISTICS * Employees supporting or enabl ng transportation functions, nc uding truck drivers, bus drivers, dispatchers, maintenance and repair technicians, warehouse workers, truck stop and rest area workers. and workers that maintain and inspect infrastructure {including those that require cross -jurisdiction traveii * Employees of firms providing services that enable log stics operations, ncludrng cooling, storing, packaging, and distributing products for wholesale or retail sale or use. • Mass transit workers • Workers responsible for operating dispatching passenger, commuter and freight tra ns and maintaining rail infrastructure and equ pment • Maritime transportation workers -port workers, mariners, equipment operators 1 ruck drivers who haul hazardous and waste materials to support critical infrastructure, capabilities, funct ons, and services • Automotive repair and ma ntenance facilities • Manufacturers and distr butors (to Include service centers and re'ated operations) of packaging materials. pallets, crates. containers, and other supplies needed to support manufacturing packaging staging and distribution operations • Postal and shipping workers, to include private companies • Employees who repair and maintain vehicles. aircraft, rail equipment, marine vessels, and the equipment and infrastructure that enables operations that encompass movement of cargo and passengers * Air transportation employees, Lncl uding air traffic controllers and maintenance personnel, ramp workers, av ation and aerospace safety, security, and operat ons personnel and accident investigations • Workers who support the maintenance and operation of cargo by air transportation, mcludingflight crews. rmaintenance, airport operations, and other on- and off- airport facilitiesworkers EXHIBIT A PUBLIC WORKS • Workers who support the operation, inspection. and maintenance of essential dams, locks and levees • Workers who support the operation, inspection. and maintenance of essent a public works facilit es and operations, including bridges, water and sewer main breaks, fleet maintenance personne , construct on of critical or strategic infrastructure, traffic signal maintenance, emergency locaton services for buried uti ities, maintenance of digital systems infrastructure supporting public works operations, and other emergent issues • Workers such as plumbers, electric ans. exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences • Support, such as road and line clearing, to ensure the availability of needed facilities, transportation, energy and communications • Support to ensure the effective removal, storage, and disposal of residential and commercial solid waste and hazardous waste COMMUNICATIONS AND INFORMATION TECHNOLOGY Communications: • Ma ntenance of communicat ons infrastructure- including pr vately owned and mainta ned communication systems- supported by techn clans, operators, call -centers, wirel ne ane wireless providers cable sere ce providers, satellite operations, undersea cable landing stations i.inc t.d-ng cable mar ne depots and submarine cable ship operators), Internet Exchange Points, and manufacturers and distributors of communications equipment • Workers who support radio, television, and mod a service, i nclud ng, but not limited to front lin+-. news reporters, studio, and technicians for newsgathering and reporting • Workers at Independent System Operators and Regional Transmiss on Organizations, and Network Operat ons staff, engineers and/or technicians to manage the network or Operate facilities • Engineers, technicians and associated personnel responsible for infrastructure construetic.n and restoration, including contractcrs for construction and engineering of fiber opticcabies + Installation, maintenance and repair technicians that establish, support or repair service asneeded • Central office personnel to maintain and operate central office, data centers, and other network officefaciRles • Customer service and support staff, including managed and profession sere ices as well as remote providers of support to transitioning employees to set up and mairtai n home offices who interface with customers to manage or support service environments and security issues, ine uding payroll. bil ing, fraud, and troubleshooting • Dispatchers invo ved with sery oe repair and restoration information Technology: • Workers who support command centers, including, but not limited to Network Operations CommanclCenter, Broadcast Operations Control Center and Security Operations Command Center • Data center operators, including system administrators, HVAC & electrical engineers, security personnel. IT managers, data transfer solutions engineers, software and hardware engineers, and database administrators • Client service centers, field engineers. and other technicians supporting critica nfrastructurc, as well as EXHIBIT A manufacturers and supply chain vendors that provide hardware and software. and information technology equipment (to include microelectronics and sem conductors; for critical infrastructure • Workers responding to cyber incidents involving cr tica' infrastructure, including medical facilities, SLTT governments and federal faci ides, energy and utllit'es, and banks and financial institutions, and other critical infrastructure categories and personne • Workers supporting the provision of essential globa-. national and local infrastructure for computing sery ces (incl. cloud computing services), business Infrastructure, web -based services, and critical manufacturing • Workers supporting communications systems and Information technology used by law enforcement, pub is safety, medical. energy and other critical industries • Support required for contlnu ry of services, inc ud ng janitorial/eteaning personnel OTHER COMMUNITY -BASED GOVERNMENT OPERATIONS AND ESSENTIAL FUNCTIONS Workers to ensure continuity of bw Idingfunct ons ■ Security staff to maintain building access control and physical securitymeasures ■ Elections personnel Federal, State, and Local, Tribe , and Territorial employees who support Miss or, Essential Functions and communications networks Trade Officials (FTA negotiators: International data flowadmnistrators) + Weather forecasters + Workers that ma stain digital systems infrastructure supporting other critica government operat ors + Workers at operations centers necessary to ma nta n other essent a, functions Workers who support necessary credentialing. vetting and licensing operations for transportation workers + Customs workers who are crit ca to fac litating trade n support of the national emergency response supply chain • Educators support ng public and private K-12 schools. colleges, and universit es for purposes of facilitating distance learning or performing other essential functions, f operat ng under ruses for sac al distancing • Hotel Workers where hotels are used for COVID-19 m tigaticn and conta,nment measures CRITICAL MANUFACTURING • Workers necessary for the manufacturing of mater a's and products needed for medical supply chains, and for supply chains associated Wth transportation, energy, communications, food and agriculture, chemical wanufactur ng, nuclear face dies, the operat on of darris, water and wastewater treatment, emergency services and the defense industrial base. Add-tionally, workers needed to maintain the continuity of these wanufactur ng functions and associated supply chains. HAZARDOUS MATERIALS • Workers at nuclear facil ties, workers managing med cal waste, workers managing waste from pharmaceuticals and medical material production, and workers at laboratories processing testkits • Workers who support hazardous materials response and cleanup • Workers who maintain digital systems infrastructure supporting hazardous materials management operations EXHIBIT A FINANCIAL SERVICES • Workers who are needed to process and maintain systems for processing financial transact ons and services (e.g., payment, clearing, and sett ement: wholesale funding: insurance services: and cap tai markets activities) • Workers who are needed to provide consumer access to banking and lending services, inoud.ngATMs, and to move currency and payments ie g. armored cash carriers) • Workers who support financia operations, such as those staffing data and security operations centers CHEMICAL Workers supporting the chemical and industrial gas supply chains, inc' uding workers alchemical manufacturing plants, workers in aboralories, workers at d stribution facilities, workers who transport basic raw chemical materials to the producers of industrial and consumer goods, including hand sanitizers, food and food additives, pharmaceuticals, textiles, and paper products. Workers supporting the safe transportation of chemicals, including those supporting tank truck cleaning facil ties and workers who manufacture packaging items • Workers supporting the production of protective clean ng and medical solutions, personal protective equipment, and packaging that prevents the contamination of food. water, medicine. among others essential products Workers supporting the operation and maintenance of facilities (particularly those with high risk chemicals and/ or sites that cannot be shut down)whose work cannot be done remotely and requires the presence of highly trained personnel to ensure safe operations, includ ng plant contract workers who provide inspections • Workers who support the production and transportation of chlorine and alkali manufacturing, single -use plast cs, and packaging that prevents the contamination or supports the continued manufacture of food, water, medicine, and other essential products, includ ng glass container manufacturing DEFENSE INDUSTRIAL BASE Workers who support the essential sery ces required to meet national security comet tments to tre federal government and U.S. Military. These individuals, include but are not I mited to. aerospace, mechanical aril software engineers. manufacturing/production workers; rr support: secur ty staff; security personnel. rote: i-gence support, aircraft and weapon system mechanics and maintainers Personnel working for companies, and their subcontractors, who perform under contract to the Department of Defense provid!ng materials and services to the Department of Defense, and govemmentowned,,contractor operated and government-owned/govemment-operated facilities EXHIBIT A EXHIBIT B Critical Infrastructure Designations and Obligations "Critical Infrastructure" is defined as all public and private facilities and assets, including both physical and cyber systems, and other functions and sectors vital to the security, governance, public health, safety, and economic continuity of the City of Wichita Falls. 2. Critical Infrastructure includes but is not limited to the following: a. Banking and financial institutions; b. Transit and transit facilities, transportation services, equipment and facilities; c. Power, water, telecommunications, natural gas, and public utilities; d. Critical manufacturing, including components for primary metals, machinery, electrical equipment and components, health and safety products and equipment, and transportation equipment; e. Auto and vehicle parts manufacturing and assembly plants; f. Technology manufacturing companies; g. Information and communications, including press; h. Emergency services; L Public health and medical services; j. Fire and law enforcement; k. Public works; I. Agriculture and food; m. Airport facilities and operations; n. Sanitation services; o. Other City government buildings or facilities, as designated by the City Manager; p. Construction, including public works construction, and construction of affordable housing or housing for individuals experiencing homelessness, social services construction, and other construction that supports essential uses, including essential businesses, government functions, or critical infrastructure, or otherwise as required in response to this public health emergency; and, q. Personnel and industries identified in the U.S. Department of Homeland Security Cyber and Infrastructure Security Agency's ("CISK) Essential Critical Infrastructure Workforce Memorandum dated March 19, 2020, to continue their operation appropriately modified to account for CDC workforce and consumer protection guidance. . Recommendations for Employees a. Employees who work in and around Critical Infrastructure should refrain from reporting to work when falling within any of the following criteria and should follow the initial self -quarantine recommendations: L Has signs or symptoms of a respiratory infection, such as a cough, shortness of breath, or sore throat; EXHIBIT 6 ii. As a fever greater than 99.6°F; iii. In the previous 14 days has had contact with someone with a confirmed diagnosis of COVID-19 and did not have the appropriate personal protective equipment designated by the Centers for Disease Control and Prevention (CDC); is under investigation for COVID-19; or is ill with a respiratory illness; or iv. Has traveled to an area the World Health Organization or CDC considers a "Hotspot." 4_ Requirements for Employers a. Employers include public and private employers located and operating in and out of Critical Infrastructure. To prevent stigma and discrimination in the workplace, employers shall only adhere to the recommendations described in this Order to determine risk of COVID-19. Employers should contact their own human resources advisors and shall not make determinations of risk based on race, color, religion, sex, sexual orientation, gender identity, age, familial status, disability, marital status, student status, creed, national origin. To the extent possible, employers should maintain confidentiality of people with suspected or confirmed COVID-19. b. Employers shall follow the Requirements in Exhibits A and B, as applicable. c. Employers shall only allow persons in and around Critical Infrastructure that are: (1) employees not subject to any of the criteria in 3.a. above, (2) customers or members of the public to the extent Social Distancing can be maintained and the Requirements in Exhibit A are followed, and (3) persons with legal authority to enter, such as law enforcement. d. Prior to allowing employees into its facility, employers shall ask all employees if they meet any of the criteria in 3.a. above, and shall direct employees to return home if the employee is exhibiting symptoms and presenting a threat of infecting other employees at the Critical Infrastructure facility e. Employers shall immediately separate an employee who becomes sick or demonstrates a temperature greater than 99.6°F while at work from other employees and send that employee home. f. Human resources departments at Critical Infrastructure facilities shall create alternate work plans to help employees remain productive while keeping the workforce safe and healthy. g. Employers are strongly encouraged to require employees (either those exhibiting symptoms or all employees) to undergo non-invasive temperature readings prior to entering a Critical Infrastructure facility; however, employers are not mandated to take the temperature of employees prior to entrance to its facility. If the employer does take employees' temperatures and/or has first- hand knowledge that the employee's temperature exceeds 99.6°F, then the employer shall prohibit the employee from entering the facility or property. h. Employers shall create and implement an infectious disease response plan. 5. Future Requirements for Temperature Screening of Critical Infrastructure Employees. EXHIBIT B When there are sufficient supplies and a need is determined by the Health Authority, it may be ordered that employers screen the temperature of all employees entering facilities. Notice of this requirement will be posted on the Wichita Falls -Wichita County Public Health District website. Whenever possible, the Health Authority will attempt to provide written notice by email to impacted entities. EXHIBIT 8